Reflections on quasi-loss of nationality in comparative, international and European perspective. CEPS Liberty and Security in Europe No. 66/August 2014

This paper focuses on situations in which a person is said never to have had the nationality of a country, even though (s)he assumed (and in many cases the authorities of the country concerned shared that assumption) that (s)he possessed that nationality. Contrary to situations of loss of nationality, where something is taken away that had existed, quasi-loss involves situations in which nationality was never acquired. This contribution seeks to examine whether a person should under certain circumstances be protected against quasi-loss of nationality. In order to do so, the paper first maps out situations of quasi-loss in EU member states, describing typical cases in which a person never acquired the nationality of the country, although (s)he was at some time considered as a national. Drawing on this taxonomy, the paper attempts to uncover whether national, European and international laws offer some protection, and if yes, to which extent, for situations of quasi-loss. It concludes with outlining best practices which Member States should comply with in handling such situations

Succession Regulation and estate planning practice - an overview

Cette présentation donne un aperçu général des principes sur lesquel le Règlement 650/2012 est fondé, avec une attention particulière consacrée à l'impact du Règlement sur la pratique de la planification successoral

International Civil Litigation under the Code of Private International Law

This paper gives an overview of the new rules introduced by the Code of Private International Law (Act of 16 July 2004) in the field of jurisdiction (when do Belgian courts have jurisdiction) and recognition and enforcement of foreign judgments.Cette contribution fait le point sur les règles introduites par le Code de droit international privé (Loi du 16 juillet 2004) à propos des règles de compétence internationale (tant générales que spéciales) et du statut des jugements étrangers (reconnaissance et exécution des jugements étrangers

Le droit au procès équitable et l'égalité des armes : le cas de la litispendance dans les Conventions de Bruxelles et de Lugano

In this paper, I attempt to examine whether the application of the lis alibi pendens provisions to be found in the Brussels and Lugano Conventions (the former now being replaced by the Brussels I Regulation) does not unreasonably limit the right of access to court. The analysis focuses in particular on the issue of the time at which a court is seized and the principle of equality of weapons between plaintiff and defendant. This paper was presented at a conference in Lisbon, financed by the EU Commission

How to deal with quasi-loss of nationality situations? Learning from promising practices. CEPS Liberty and Security in Europe No. 71/December 2014

This paper was prepared as a Policy Brief for discussion at the final conference of the project on Involuntary Loss of European Citizenship: Exchanging Knowledge and Identifying Guidelines for Europe, 11-12 December 2014. Co-funded by the European Commission’s DG for Justice, Citizenship and Fundamental Rights, the ILEC project has aimed to establish a framework for debate on international norms on involuntary loss of nationality. For more information visit: www.ilecproject.eu

Lis Alibi Pendens under the New Brussels Ibis Regulation

peer reviewedThis paper attempts to shed some light on the changes brought by the recast of the Brussels I Regulation to the regime of concurrent proceedings. In a first section, attention is devoted to the fine tuning of the rules aimed at intra-European concurrent proceedings. The second section focuses on the new provisions aimed at third State concurrent proceedings

Le Règlement Bruxelles IIbis - rapport d'application en Belgique

This report, commissioned by the European Commission, undertakes to map out the practice of Belgian courts and authorities in relation to the Brussels IIbis Regulation (Regulation 2201/2003). It is based on a questionnaire submitted to experts in all Member States in the framework of a study on the assessment of the Regulation (EC) No 2201/2003 and the policy options for its amendment (call for tenders No JUST/2012/JCIV/FW/0195/A4). The purpose of this backward-looking evaluation is to assess the practical application and the effects of Regulation (EC) No 2201/2003 in terms of its relevance, coherence, effectiveness, efficiency, and EU added value and utility

International Sales Contracts : Performance of the agreement and remedies

This text was written to give a practical overview of the life of a cross-border sales agreement from the moment it is concluded to its termination. The contract's life and the incidents are examined in the light of the provisions of the Vienna Sales Convention